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These terms of service (“Terms”) cover your use and access to Simpliciter’s services, client software and websites (“Services”). In addition to these Terms, our privacy policy (“Privacy Policy”) explains how we collect and use your information and forms an integral part of these Terms.
Your Things & Your Permissions
When you use our Services, you provide us with a variety of “things” like your files, content, messages, contacts, and others (“Your Things”). Your Things are yours. These Terms do not give us any right to Your Things, except for the limited rights that enable us to offer the Services.
We need your permission to do things and take actions that enable us to deliver you our Services, including, without limitation, hosting Your Things, backing it up, and sharing it when you ask us to. To provide these and other features, Simpliciter accesses, stores, and scans Your Things. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your Responsibilities
Your use of our Services must comply with these Terms, including acceptable use policies set out herein. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. We are not responsible for the content people post and share via the Services.
Help us keep Your Things protected. Safeguard your password to the Services and keep your account information current. Do not share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law. Finally, to use our Services, you must be at least 16. If the law where you reside requires that you must be older in order for Simpliciter to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.
Software
Some of our Services may allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.
Our Things
The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, Simpliciter trademarks, logos and other brand features.
Acceptable Use Policy
You are expected to use the Services in compliance with laws, not misuse these or help anyone else to do so. Accordingly, you are expected not to take any action that may be deemed unlawful or harmful to Simpliciter or others, including, without limitation, probe, scan or test the vulnerability of any system or out network, breach or otherwise circumvent any security or authentication measures, access, tamper with or use non-public areas or parts of the Services or shares areas of the Services you have not been invited to, interfere with or disrupt any user, host or network, including by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services, send unsolicited communications, promote or advertise products or services other than your own without appropriate authorization, publish, share or store materials that constitute sexually exploitative material, pornography, otherwise indecent material, publish, share or store content that contains or promotes extreme acts of violence or terrorist activity, including related propaganda, advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment, harass or abuse Simpliciter personnel or representatives or agents performing services on behalf of Simpliciter, violate the applicable laws in any way, including, storing, publishing or sharing material that is fraudulent, defamatory or misleading or that violates intellectual property rights of others, violate the privacy or infringe rights of others, use the Services to back up or as infrastructure for your own cloud services. We reserve the right to take appropriate action in response to violations of this policy, including, without limitation, suspension or termination of Services without any refund and initiation or criminal and civil actions against violators.
Billing
You will be billed respective amounts depending on the Services and account type you choose. You will be responsible for all applicable taxes, and we will charge taxes when required to do so.
Cancellation
You may cancel your Simpliciter subscription any time, at your discretion. If so and if you have paid for Services for a period of time that has not lapsed yet, you will receive a pro-rata refund for such future unused Services.
Changes
We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We will give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you will have the opportunity to cancel your subscription before the new fee comes into effect.
Termination
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if (i) you are in breach of these Terms, including failure to pay billed amounts in due time, or (ii) your use of the Services would cause a real risk of harm or loss to us or other users.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Things from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.
We will not provide notice or an opportunity to export Your Things before termination or suspension of access to the Services where (i) you are in material breach of these Terms, (ii) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (iii) we are prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export Your Things from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLICITER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR SIMPLICITER’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE SIMPLICITER’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, SIMPLICITER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SIMPLICITER OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL PURPOSE, SIMPLICITER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. SIMPLICITER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH SIMPLICITER.
Resolving Disputes
We want to address your concerns without needing a formal legal case. Before filing a claim against Simpliciter, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at [email protected] that includes your name, a detailed description of the dispute, and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Simpliciter may bring a formal proceeding.
Settlement of Disputes
You and Simpliciter agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the High Court of Justice in London, UK, and will be settled by application of the laws of England and Wales, disregarding their rules regarding conflict of laws.
Entire Agreement
These Terms constitute the entire agreement between you and Simpliciter with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.
Waiver, Severability & Assignment
Simpliciter’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Simpliciter may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect (i) changes to the law, (ii) new regulatory requirements, or (iii) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we will offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Turkey Office
Istanbul / Turkey
U.K. Office
London / United Kingdom
© 2023 Simpliciter.
All rights reserved
Company
© 2022 Simpliciter. All rights reserved